Loading...
HomeMy WebLinkAboutCC Ord 645 1964-05-25 '1 . \ . . "" CITY OF SEAL BEACH ORANGE COUNTY, CALIFORNIA I ORDINANCE NO. M.r AN ORDINANCE AMENDING THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA, CHAPTER 19A, ''PUBLIC AND CLUB DANCES", RELATING TO THE PROHIBITION OF PUBLIC DANCES AND THE REGULATION OF CLUB DANCES IN SAm CITY. , THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 19A of the Municipal Code of the City of Seal Beach entitled ''Public and Club Dances" is hereby amended to read as follows: (a) Sec. 19A-l. Definitions. For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section: Club dance. ''Club dance" shall mean any dance other than a public dance or other than any dance given in a private home or resi- dence, conducted by any club or association of persons within the city for its members or bona fide guests more" often than once in any two I month period attended by more than two hundred persons, at which a fee is charged, either for admission to such dance or for dancing therein or at which any collection or donation of money or anything of value is made or received or a dance sponsored by a club or association at which the amount of dues to be paid by each member is dependent upon attendance thereat by such member. Dancing academy. ''Dancing academy" means a regularly established place maintained or conducted for the purpose of giving instructions in dancing, for which instructions the person maintaining or conducting the same makes a bona fide selection or choice of the persons so instructed or to be so instructed therein, and contracts specially with each person for a specified series of lessons in dancing to be given on different dates. I Nonprofit club or organization. '~onprofit club or organization" shall mean any association ot persons within the city organ~zed and operated solely and exclusively for child welfare or charitable purposes. For the purposes of this chapter the student body of a school shall be deemed a nonprofit club or organization. Public dance. ''Public dance" shall mean and include any dance not hel. or g1ven in a private home or residence to which admission can be had by payment of a fee or donation or by the purchase, possession or presentation of a ticket or token or the givin~ of anything of value, or any dance to which a person may gain admiss10n without invitation or any dance to which an invitation may be procured by more than two hundred persons or by anyone who cannot be identified at the time of the issuance of the invitation by the sender, or any gathering of persons upon any premises where dancing is participated in, either as the main purpose for such gathering or as an incident to some other purpose to which the public is admitted; provided, that the normal activities of a dancing academy shall not be considered a public dance. - 1 - I I I Ordinance Number . . (b) Sec. 19A-2. Prohibition against Public dances and compliance with Chapter. 1. No person or persons shall conduct any public dance in the City of Seal Beach. 2. It shall be unlawful for any person to conduct or to assist in conducting any club dance in the city otherwise than in accord with the provisions of this chapter. (c) Sec. 19A-3. License to conduct public dance-- ReqUired; exceptions. It shall be unlawful for any person to conduct any club dance in the city without first having obtained a license from the city as provided in this chapter, and complying with all regulations as set forth in this chapter applicable to such club dance respectively. The provisions of this chapter shall not apply to non-profit clubs or organizations within the city, supervising or conducting a dance, whether open to the public or limited to organizational members or otherwise, upon any property owned by any state, county or city or agency thereof, where such public entity is sponsoring or supervising such dance. (d) Sec. 19A-4. Same--Investi~ation--Fee. Applications on forms prescribed by the city manager for a license to conduct club dances accompanied by an investigation fee of thirty dollars shall be made to the city clerk who shall transmit the application to the city manager. The city council shall in all instances have the power to reduce or waive the investigation fee as provided in this section, on any original or reapplication, when deemed so advisable at its sole discretion. (e) Sec. 19A-5. Same--Same--prerequisite to issuance. The city manager shall cause such investigation to be made as he deems necessary, and shall thereafter approve the issuance of such proposed license unless he finds that the conducting of such club dance or activity for which the license is requested will violate any law of the state or any ordinance of the city, or constitute a menace to the health, peace, morals, safety or welfare of the community, or will con- stitute such a menace. (f) Sec. 19A-6. Same--Pees; transferability. 1. Any person conducting or assisting in conducting any club dance as defined in this chapter shall pay to the city a license fee of twenty-five dollars per month or two hundred fifty dollars per year. 2. No license issued under the provisions of this chapter shall be transferable. (g) Sec. 19A-7. Same--Suspension and revocation; notice 0:1: hear1ng. Any license issued under the terms of this chapter may be suspended or revoked by the city manager when it shall appear to him that the activity authorized by such license is conducted, maintained or carried on contrary to or in violation of any law of the state, any provision of this Code or any rules of the city council governing club dances, or is conducted, maintained or carried on in such a manner as to constitute a nuisance or to disturb the peace of persons in the vicinity or to be deleterious to the public peace, morals, health, safety or - 2 - I I I Ordinance Numb,er .. welfare; provided, however, that no such license shall be revoked or suspended by virtue of this section until a hearing shall have been held by the city manager. written notice of 'the time and place of such hearing shall be served upon the person to whom the license was granted at least three days prior to the date set for that hearing. Such notice shall also contain a brief statement of the ~ounds to be relied upon for revoking or suspending such license. Notice may be given either by personal delivery thereof to the person to be notified or by dep9s1ting same in the Unites States mail in a sealed envelope, postage prepaid~ addressed to such person to be notified at the address appear- ing in nis application for a license. " (h) Sec. 19A-8. same--~eal from disapproval, revoca on, etc. Any applicant aggrieved by the act of the city manager in disapproving the issuance of a license or suspending or reVOking a license, may within five days after such act appeal to the council by filing a written notice thereof with the city clerk, and within ten days after the filing of such written notice the council shall hold a hearing in the matter and its decision therein shall be final and conclusive. (i) Sec. 19A-9. Dances subject to inspection. Any police officer of the city on duty whether in uniform or working in civilian clothes or any member of the city council or any officer of such city, shall be admitted without charge to any club dance at any time for the purpose of inspecting the conduct of those participating in the dancing and to see that the provisions of this chapter are being properly complied with. " (j) Sec.. 19A-10. Rules and regulations for dances; to be posted. It shall be unlawful for any person, firm, company or corporation to maintain, conduct or operate any club dance within the city at any time unless during all of such time there shall be kept conspicuously posted in the hall where such dance is being held or such dances are being conducted, and in every hall, room and dressing room connected therewith and to Which the patrons thereof shall be admitted, a copy of the following rules, which are hereby fixed and established and must be observed in the maintenance,' conducting or operating of any such club dance, to wit: RUlES FOR CLUB DANCES . 1. Minors under eighteen years of age shall be admitted to or permitted to remain at the dance hall only when accompanied by a parent, guardian, person having legal custody of such minor, or other respons- ible adult over the age of twenty-eight years, except when such dance shall be advertised and publicized as one conducted exclusively for minors age fourteen to eighteen years of age, both inclusive, in which event only persons of such specified age group shall be admitted as participants. 2. No person in charge, or assisting in the conduct of any club dance shall issue or use any form of pass-out checks stamps or other devises by which any person in attendance maybe enabled or permitted to leave or depart from such dance and later return. 3. No intoxicated person shall be admitted in or to the dance hall or permitted to remain therein after the intoxicated condition is discovered, nor shall any intoxicating liquors be allowed in the dance hall or in any room or portion thereof used in connection with such dance hall or to which access is available from such dance. - 3 - I I I Ordinance Number ." 4. Patrons shall not be permitted to dance in a lewd, suggestive or sensual manner, and no lewd or disorderly person shall be permitted to enter or remain on such premises. 5. Boisterous and/or obscene conduct of any sort is prohibited. 6. The use of profanity is prohibited. 7. The dance hall shall be well lighted at all times. Illumina- tion shall not be less than one-half foot candle power at any portion of the premises, except that in any portion where food or drink is prepared, the provisions of the Health and Safety Code of the state shall control. 8. When a dance is conducted for minors age fourteen to eighteen y-ears of agel both inclusive, as heretofore set forth in rule 1. no dancing shal be permitted between the hours of 12:00 midnight and 6:00 A.M. on any day. At all .!.1tfil.'-1iIJJt'L 8>_" club dances no dancing shall be permitted between the hours of 2:00 A.M. and 6:00 A.M. on any. day. 9. Licensee shall be held responsible for the conduct of band members and shall exercise reasonable supervision over all patrons both inside and outside of the dance hall premises, and for ascertaining the correct age of persons Who are not permitted to be in attendance at such times and under such circumstances as prohibited by this chapter. 10. The parking area shall be maintained in a well lighted con- dition and shall be reasonably supervised by the licensee. ll. Conduct offensive to public decency or morals or any con- duct or activity which disturb the peace and quiet of the surrounding neighbors shall be prevented and controlled. 12. The management shall not permit any person to dance with another person of the same sex While attending and participating in a ~ club dance. Dances held aolely for minors are not subject to l:1iIS- rule. . 13. No~person shall be permitted to smoke while dancing. 14. These rules must be kept posted in the dance hall, dress- ing rooms and every room to which patrons of a club.. . - it dance are admitted. l5. No person shall loiter or be knowingly permitted to loiter by the licensee in the parking lot and/or other areas adjacent to the building on the premises in which a ~~~~_ dance is being conducted. A violation of the foregoing rules by the licensee shall constitute grounds for suspension or revocation of the license subject to the administrative procedures as provided in sections 19A-7 and 19A-8 of this Code for such suspension or revocation. A violation of the foregoing rules are grounds for suspension or revocation, of the license. Any person attending the dance who violates any of the rules hereinabove contained! is guilty of a misdemeanor and shall be subject to fine and/or impr1sonment as provided by law. - 4 - ,. I I I Ordinance Numb~r .' BY ORDER OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA. Sec. 19A-ll. Security guards required. It shall be unlawful for any person to maintain, conduct or operate any club dance within the city unless such person shall appoint and have in continuous attendance at such dance, adequate supervisory personnel to reasonably insure the safety of persons in attendance and the enforcement of the rules, regulations and other proviSions of this chapter. At any such dance, not less than one security guard of the female sex and two licensed security guards shall be in attendance. Where the nature of the dance, the persons attend- ing and/or the number of participants, in the opinion of the chief of police, require additional supervision, such additional supervision shall be provided, as per the requirements of the chief of police. Sec. 19A-12. Penalty for violation of chapter. Except as expressly provided, any person, firm, companI or cor- poration violating any of the provisions of this chapter shal be deemed guilty of a misdemeanor and upon conviction thereof shall be puniShable by a fine of not more than three hundred dollars or by imprisonment in the county jail of the county, as the committing magis- trate may direct, for a period of not more than three months or by both such fine and imprisonment in the discretion of the court; provided, however, that a violation of the section 19A-IO by the licensee shall not constitute a misdemeanor. SECTION 2. The City Council finds that serious police problem or problems have arisen in connection with the operation of public and club dances and that the prohibition of public dances and the licensing and control of club dances in the City of Seal Beach is necessary to preserve the public health, safety and welfare. SECTION 3. SEVERABILITY If any section, sub-section, clause, phrase or por- tion of this Ordinance or the application thereof to any person, firm corporation, or circumstance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not effect the validity of the remaining portions of this ordinance. The Council of the City of Seal Beach hereby declares that it would have adopted this ordinance and each section, sub-section, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more section, sub-section, sentences, clauses, phrases, or portion be declared invalid or unconstitutional. SECTION 4. EFFECTIVE DAm This Ordinance shall take effect thirty (30) days after its adoption, shall be certified as to its ado~tion by the City Clerk and shall be published once in Mflof/flNI4 IIlirw.:> , a newspaper of general circulation, circulated in the City ot Seal Beach. PASSED, APPROVED AND ADOP'lED by the City Council of the City of Seal Beach at an adjourned .meeting ,thereof held on the _day of , 1904. Mayor - 5 - Ordinance Number PROTEST TO PROPOSED ORDINANCE AMENDING I THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA - PUBLIC AND CLUB DANCES TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA: VIOLET V. McFARLAND, the owner of real property and improvements consisting of a commercial building and dwelling houses located at 800 Pacific Coast Highway, and 338 - 8th Street, in the City of Seal Beach, and legally described as: I Lots 35, 36, 37, 38, 40, 42 and 44 in Block 208 of Stanton & Lothians First Addition to Bay City, as shown on map re- corded in Book 3, page 29, of Miscellaneous Maps, records of Orange County hereby objects to and protests the proposed ordinance amending Chapter 19A, PUBLIC AND CLUB DANCES of the Code of the City of Seal Beach, California, specifically re- lating to the prohibition of public dances and the regulation of club dances. The objection and protest to the adoption of said ordinance is made upon the following grounds: 1. The subject matter of said ordinance is un- constitutional: 2. Said ordinance as drafted is unco~stitutional in that by its terms it discriminates between public I and private dances and establishes an unreasonable classification of persons to which it applies: 3. Said ordinance in its application will not apply equally and uniformly to all persons within the same classification: I 1'/ I Ordinance Number _ . . 4. Said ordinance is unnecessary in that the Code of the City of Seal Beach already provides for the control and regulation of Public and Club Dances in Chapter 11, Section 11-1, 11-45, Chapter 7A, sections 7A-l through 7A-14, and Chapter 19A, sections 19A-l through 19A-121 5. By filing this petition, the undersigned does not recognize the validity of said proposed ordinance or the authority of the City Council to adopt the same, but files this protest solely for the purpose of ex- hausting her administrative remedy. WHEREFORE, the undersigned requests that the City Council of the City of Seal Beach does not adopt the pro- posed ordinance amending the code Public and Club Dances. Dated: May :J...S 1964. -VA1JtJ.m~~ Violet V. McFarland Any communications relative to the foregoing should be addressed to: Russell R. Pratt Macfarlane, Schaefer & Haun 417 South Hill Street - Suite 1150 Los Angeles, California 90013 " . I ATTEST: Ordinance Number F. W. Hickman City Clerk I HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. , passed and adopted by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 1964. DATED: I ROLL CALL VOTE: AYES: NOES: ABSENT: I F. W. Hickman, City Clerk Councilmen Councilmen Councilmen